American Insurance v. Center
Court for the Trial of Impeachments and Correction of Errors
Error from the supreme court. Center sued the American Insurance Company on a policy of insurance on the freight of the ship Pallas on a voyage from New-Orleans to Havre.
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Error from the supreme court. Center sued the American Insurance Company on a policy of insurance on the freight of the ship Pallas on a voyage from New-Orleans to Havre. The same company had also insured the ship which was valued at $10,000; the freight was valued at $6000. On the 22d November, 1824, the ship sailed from New-Orleans with a full cargo of cotton on board, the freight of which, if earned, would have amounted to $7627,37. On the next day after leaving port she struck upon the spit, a little to the northward of the bar, at the mouth of the river Mississippi, and was so much…
1Opinion of the Court
The following opinions were delivered.
By the Chancellor.
This is an action upon a policy on the freight of the ship Pallas, on a voyage from New-Orleans to Havre, and the right of the plaintiff to recover for a total loss depends upon the question whether there was a valid abandonment to the underwriters upon the policy on the *50ship. I shall therefore proceed, in the first place, to examine that question.
From whatever source the principle was derived, it is now well settled hr this country that the assured may abandon for a total loss whenever the ship is injured, by the perils insured against,…
2Cases cited1 opinion
- Davy v. HallettNew York Supreme Court · 1805
3Cited by26 opinions
- General Mutual Insurance v. SherwoodSupreme Court of the United States · 1853
- Hugg v. Augusta Insurance and Banking Co.Supreme Court of the United States · 1849
- Coolidge v. Gloucester Marine InsuranceMassachusetts Supreme Judicial Court · 1819
- Automobile Insurance v. ThomasCourt of Appeals of Maryland · 1927
- Gardiner v. SmithNew York Supreme Court · 1799
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